(1.) The petitioner before this Court is a defendant in a money suit and is aggrieved by the order dtd. 28/4/2023 passed by the Learned Judge Bench-V City Civil Court, Calcutta in Money Suit No.723 of 2012 rejecting an application under Sec. 10 of the Code of Civil Procedure. The case of the petitioner in the Learned Court below may be summed up thus:-
(2.) The petitioner is duly contesting the suit by filing written statement.
(3.) The petitioner filed an application under Sec. 10 read with Sec. 151 of the Code of Civil Procedure praying for stay of the suit on the ground that the issues involved in a complaint case instituted by the plaintiff and those involved in the suit are directly and substantially the same.